BILL NUMBER: SB 1196	CHAPTERED  10/10/99

	CHAPTER   641
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 12, 1999
	AMENDED IN SENATE   JUNE 2, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 13, 1999

INTRODUCED BY   Senator Morrow
   (Coauthors:  Senators Johnson, Kelley, Knight, Monteith, and
Polanco)
   (Coauthors:  Assembly Members Correa, Dickerson, and Robert
Pacheco)

                        FEBRUARY 26, 1999

   An act to amend Section 77212.5 of, to add Sections 69915 and
72114.2 to, to repeal Sections 26603.1, 26666, 26669, 26670, 72114,
and 73803 of, and to repeal Article 25.5 (commencing with Section
74361) of Chapter 10 of Title 8 of, the Government Code, relating to
court services, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1196, Morrow.  Court consolidations:  marshal's office.
   (1) Existing law authorizes the consolidation of court-related
services in various counties.
   This bill would authorize the Board of Supervisors of each of the
Counties of Merced, Orange, and Shasta to commence public hearings
regarding the consolidation of court services in the county, and
would provide that an election among the judges of the consolidated
courts of the county may be conducted concurrently in order to
provide an advisory recommendation on the abolition of the marshal's
office and the transferring of court-related services within the
county to the sheriff's department.  The bill would also provide that
the Board of Supervisors may elect to abolish the marshal's office
in the county assigning the duties of court services to the office of
the sheriff.  If the board of supervisors elects to abolish the
marshal's office, the duties and staff of the marshal's office would
be merged into the sheriff's department.  The merger of the
departments would be required to occur pursuant to the board's
determination, and to be concluded no later than July 1, 2000.  The
bill would also specify the method for the assignment of bailiffs in
specified counties and the methods of employment of personnel of the
marshal's office and the sheriff's office following any abolition and
consolidation.  The bill also would provide for the abolition of the
San Diego County Marshal's Office and the creation of a bureau in
the San Diego County Sheriff's Office under which court security
services and the service of civil and criminal process would be
consolidated, upon the adoption of a resolution by the board of
supervisors on or after January 1, 2000, as specified.
   (2) Existing law requires, commencing on July 1, 1999, and
thereafter, the trial courts of each county in which court security
services are otherwise required by law to be provided by the sheriff'
s department to enter into an agreement with the sheriff's department
that was providing court security services as of July 1, 1998,
regarding the provision of court security services.
   This bill would require, commencing on July 1, 1999, and
thereafter, the trial courts of those counties in which court
security was provided by the marshal's office as of July 1, 1998, to
enter into an agreement regarding the provision of court security
services with the successor sheriff's department if the marshal's
office is abolished, thus establishing a state-mandated local
program.
   (3) The bill would state that these provisions constitute
necessary special legislation.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
  (5) The bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 26603.1 of the Government Code is repealed.
  SEC. 2.  Section 26666 of the Government Code is repealed.
  SEC. 3.  Section 26669 of the Government Code is repealed.
  SEC. 4.  Section 26670 of the Government Code is repealed.
  SEC. 5.  Section 69915 is added to the Government Code, to read:
   69915.  (a) Notwithstanding any other provision of law, and except
as provided in subdivision (j), the Board of Supervisors of each of
the Counties of Merced, Orange, and Shasta may commence public
hearings regarding the abolition of the marshal's office and the
transferring of court-related services provided by the marshal within
the county to the sheriff's department.  Within 30 days of the
commencement of public hearings as authorized by this section, the
board shall make a final determination as to the most cost-effective
and most efficient manner of providing court-related services.
   (b) Concurrently, an election may be conducted among all of the
judges of the consolidated courts of the county to provide an
advisory recommendation to the board of supervisors on the abolition
of the marshal's office and the transferring of court-related
services provided by the marshal within the county to the sheriff's
department.  The outcome shall be determined by a simple majority of
votes cast.  The vote of the judges shall then be forwarded to the
board of supervisors prior to the close of the public hearing, and
the board of supervisors shall take into advisement the
recommendation of the judges provided by the election report.
   (c) The determination of the abolishment of the marshal's office
or the transferring of the duties of the marshal shall occur pursuant
to the board's determination, and shall be concluded no later than
July 1, 2000.
   (d) The courtroom assignment of bailiffs after abolition of the
marshal's office and the consolidation pursuant to this section shall
be determined by a two-member committee comprised of the presiding
judge of the consolidated court and the sheriff, or their designees.
Any new bailiff assignments shall be made only after consultation
with the affected judge or commissioner in whose courtroom a new
assignment is planned.
   It is the intent of the Legislature, in enacting this subdivision,
to ensure that courtroom assignments are made in a manner that best
ensures that the interests of the affected judge or commissioner and
bailiff are protected.
   (e) Notwithstanding any other provision of law, the marshal and
all personnel of the marshal's office affected by the abolition of
the marshal's office in the county shall become employees of the
sheriff's department at their existing or equivalent classification,
salaries, and benefits, and, except as may be necessary for the
operation of the agency under which court-related services and the
service of civil and criminal process are consolidated, they shall
not be involuntarily transferred out of the consolidated office for a
period of five years following the consolidation.
   (f) Personnel of the abolished marshal's office shall be entitled
to request an assignment to another division within the sheriff's
department, and that request shall be reviewed the same as any other
request from within the department.  Persons who accept a voluntary
transfer from the court services/civil division shall waive their
rights pursuant to subdivision (e).
   (g) Permanent employees of the marshal's office on the effective
date of the abolition of the marshal's office pursuant to this
section shall be deemed to be qualified, and no other qualifications
shall be required for employment or retention.  Probationary
employees of the marshal's office on the effective date of a
consolidation pursuant to this section shall retain their
probationary status and rights and shall not be deemed to have
transferred so as to require serving a new probationary period.
   (h) All county service or service by employees of the marshal's
office on the effective date of a consolidation pursuant to this
section shall be counted toward seniority in the consolidated office,
and all time spent in the same, equivalent, or higher classification
shall be counted toward classification seniority.
   (i) No employee of the marshal's office on the effective date of a
consolidation pursuant to this section shall lose peace officer
status, or otherwise be adversely affected as a result of the
abolition and merger of personnel into the sheriff's department.
   (j) Subdivisions (d) to (i), inclusive, shall not apply to the
County of Orange.  Prior to a determination by the Orange County
Board of Supervisors to abolish the marshal's office and to transfer
duties of the marshal to the sheriff, the board of supervisors shall
do both of the following:
   (1) Meet and confer with affected employee bargaining
representatives with respect to matters within the scope of
representation that would be affected by a determination to abolish
the marshal's office and to transfer duties of the marshal to the
sheriff.  These matters shall include, but not be limited to,
seniority within the merged departments, job qualifications,
classification of positions, and intradepartmental transfers.  For
purposes of carrying out this paragraph, employees of the superior
court whose job classification confers safety status shall have the
right to representation in accordance with the local
employer-employee resolution and to bargain in accordance with
Sections 3504, 3505, 3505.1.  The board of supervisors is not
authorized to abolish the office of the marshal and to transfer
duties of the marshal to the sheriff unless a mutual agreement, or
mutually agreed to amendment to an existing memorandum of
understanding as authorized by this section, is reached with each
affected recognized employee organization pursuant to Section 3505.1
and adopted by the board of supervisors.
   (2) Confer with the presiding judge of the superior court or his
or her designated representative and the sheriff to discuss
courthouse security and to establish a mechanism for the assignment
of courtroom security personnel.  Any agreement made in accordance
with this paragraph that commits the superior court to fund services
shall be approved by the presiding judge of the superior court or his
or her designee.  Any agreement entered into pursuant to this
paragraph shall become effective only upon a majority vote of the
board of supervisors to abolish the office of the marshal or to
transfer duties of the marshal to the sheriff.
   (k) Upon a determination by the Orange County Board of Supervisors
to abolish the office of marshal and to transfer duties of the
marshal to the sheriff, Article 17.1 (commencing with Section 74010)
of Chapter 10 shall become inoperative.
  SEC. 6.  Section 72114 of the Government Code is repealed.
  SEC. 7.  Section 72114.2 is added to the Government Code, to read:

   72114.2.  (a) Notwithstanding any other provision of law, on or
after January 1, 2000, the San Diego County Marshal's Office shall be
abolished, and there shall be a bureau in the San Diego County
Sheriff's Department under which court security services and the
service of civil and criminal process are consolidated.
   This bureau's primary function shall be to provide the management
with direction, supervision, and personnel for court-related services
which include court security, the service of civil and criminal
process, public safety protection, judicial protection, standards of
performance, and other matters incidental to the performance of those
services.
   The sheriff shall be appointing authority for all bureau
personnel.  The person selected by the sheriff to oversee the
operation of court-related services, as described in this section,
shall report directly to the sheriff.
   Notwithstanding Section 77212, the operational service level for
court security services shall be in accordance with agreements
between the court and the County of San Diego, which shall not
provide a lesser operational service level than may be required by
statute.
   The operational service level for the service of civil and
criminal process and for administrative services shall be in
accordance with agreements between the court and the County of San
Diego, which shall not provide a lesser operational service level
than may be required by statute.
   To ensure that the costs assessed to the court for bureau services
are in full conformance with the rules of court and statutes
concerning trial court funding, the bureau shall be maintained as a
separate organizational unit for budgeting and cost accounting
purposes.
   On a semiannual basis or more often as required by law, the
sheriff shall provide the court with an accounting of costs for the
bureau, in sufficient detail to allow for an assessment of budget
performance, separately, for each function of the bureau.  The county
auditor and controller shall provide to the court copies of each
audit report conducted on the bureau.  The court is authorized to
conduct, and the sheriff shall cooperate in, independent financial
audits of the bureau, either by court staff or by independent
auditors.
   (b) Notwithstanding any other provision of law, concomitant with
the abolition of the marshal's office all personnel of the marshal's
office shall become employees of the sheriff's department at their
existing or equivalent classification, salaries, and benefits.
   The marshal and the assistant marshal or their equivalents, may
become employees of the sheriff's department.
   (c) Permanent employees of the marshal's office on the effective
date of transfer of services from the marshal to the sheriff pursuant
to this section shall be deemed to be qualified, and no other
qualifications shall be required for employment or retention.
Promotions for all personnel from the marshal's office shall be made
pursuant to standards set by the sheriff.  Probationary employees in
the marshal's office on the effective date of the abolition shall not
be required to serve a new probationary period.  All probationary
time served as an employee of the marshal shall be credited toward
probationary time required as an employee of the sheriff's
department.
   (d) All county service and all service with the marshal's office
by employees of the marshal's office on the effective date of the
abolition of the marshal's office shall be counted toward seniority
in the sheriff's department.  All time spent in the same, equivalent,
or higher classification shall be counted toward classification
seniority.
   (e) As a result of the abolition of the marshal's office, no
employee of the marshal's office who becomes an employee of the
sheriff's department pursuant to this section shall lose peace
officer status or be reduced in rank or salary.
   (f) Prior to the abolition of the marshal's office, the court and
the County of San Diego shall enter into a contractual agreement
regarding the provision of court security services to be provided by
the sheriff.  Thereafter, from time to time, the court and the County
of San Diego may enter into agreements regarding the provision of
court security services to be provided by the sheriff.
   (g) After abolition of the marshal's office, a two-member
committee comprised of a representative of the presiding judge of the
superior court and a representative of the sheriff shall make
recommendations to the sheriff regarding courtroom assignments of
bailiffs.  Bailiff assignments and the release from those assignments
shall be made only after consultation with, and concurrence of, the
affected judge or judicial officer.  The presiding judge may provide
the concurrence required by this section.  This subdivision shall not
apply to actions instituted by the sheriff for fitness for duty
reasons or discipline that is subject to review by the San Diego
County Civil Service Commission.
   (h) For a period of five years following the abolition of the
marshal's office, personnel of the marshal's office who become
employees of the sheriff's department shall not be transferred from
the bureau in the sheriff's department under which court-related
services and the service of civil and criminal process are
consolidated, unless the transfer is voluntary or is the result of
fitness for duty reasons or discipline that is subject to review by
the San Diego County Civil Service Commission.
   (i) Personnel of the marshal's office who become employees of the
sheriff's department shall be entitled to request an assignment to
another bureau or division within the sheriff's department, and that
request shall be reviewed the same as any other request from within
the department.
   (j) This section shall become operative in the County of San Diego
when the board of supervisors adopts a resolution declaring this
section operative.  The implementation of this section shall be
subject to approval and adoption by the board of supervisors of
necessary actions, appropriations, and ordinances consistent with the
Charter of the County of San Diego and other statutory authority.
  SEC. 8.  Section 73803 of the Government Code is repealed.
  SEC. 9.  Article 25.5 (commencing with Section 74361) of Chapter 10
of Title 8 of the Government Code is repealed.
  SEC. 10.  Section 77212.5 of the Government Code is amended to
read:
   77212.5.  (a) Commencing on July 1, 1999, and thereafter, the
trial courts of each county in which court security services are
otherwise required by law to be provided by the sheriff's department
shall enter into an agreement with the sheriff's department that was
providing court security services as of July 1, 1998, regarding the
provision of court security services.
   (b) Commencing on July 1, 1999, and thereafter, the trial courts
of a county in which court security was provided by the marshal's
office as of July 1, 1998, shall, if the marshal's office is
abolished, enter into an agreement regarding the provision of court
security services with the successor sheriff's department.
  SEC. 11.  Due to unique facts and circumstances applicable to the
Counties of Merced, Orange, San Diego, and Shasta, the Legislature
finds and declares that a general statute cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution.  Special legislation is, therefore, necessarily
applicable to only those counties.
  SEC. 12.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 13.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to ensure the efficient operation and provision of
court-related services in the Counties of Merced, Orange, Orange, San
Diego, and Shasta, it is necessary for this act to take effect
immediately.
